Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Decision Involving Golf Club Inventorship Claim Against Nike

Article Placeholder Image
By FindLaw Staff on April 21, 2010 12:32 PM

Gillig v. Nike, Inc., No. 09-1415, involved a suit against Nike, Inc. alleging inventorship claims of various patents relating to golf clubs owned by Nike and that Nike had misappropriated trade sefrets involving golf club technology.

Although the court affirmed the district court's holding that the trade secret claims are barred by statute of limitations, the district court's dismissal of Gillig's inventorship claims are reversed as res judicata in general does not bar the claims, as a dismissal on the ground that the plaintiff is not a real party in interest should not preclude a later action by the real party in interest.  Furthermore, the "control of litigation" exception to establish privity between Triple Tee and Gillig does not apply here.  Lastly, to the extent that Triple Tee is asserting an inventorship correction claim based on a later 2005 asssignment from Gillig, there is no bar.

Related Resource:

Find a Lawyer

More Options